Definitve answer needed on Statute Barred

[big.syd]

I am very concerned at the recent ruling by a Judge who agreed with a claim brought by Pra / aktiv kapitol,
that the date for cause was inline with the default date entered on the defendants credit record, and not 6years + 1to 2 months after last payment or acknowledgement.

This is on " consumer action group" (johno23).

My last payment to mbna was in April 2009, and the default date was in October 2009.
This was for Credit Card.
Many have tried and threatened , but lots of online help and advise has got me through.
I thought I was well and truley S.B by now
However if Pra Group are bouyed by this latest Judement, I feel they may start a series of claims on accounts that are nearing S.B dates as displayed on credit files,and not the initial cause of action.

So, I will put this out there.

1. What is the definitive answer to when the debt becomes S.B.

2. If I recieve a claim form, should I have first have had correspondonce from Pra.

3. Should they first send me warnings and or letter before action.

4. If I s.a.r. them would that prevcent them from taking action, and allowing me the 40 days to get pass my default day as on credit file.

Did the Judge get this horrible wrong?

All advice is appreciated.

[FlamingParrot]

Re: Definitve answer needed on Statute Barred

I am very concerned at the recent ruling by a Judge who agreed with a claim brought by Pra / aktiv kapitol,
that the date for cause was inline with the default date entered on the defendants credit record, and not 6years + 1to 2 months after last payment or acknowledgement.

This is on " consumer action group" (johno23).

I've read the thread and the default date DID NOT refer to the date on the defendant's credit records, it referred to the DEFAULT NOTICE:

The Judge went with the cause of action as the default notice.

Would not move on the fact that a creditor can dictate the limitation act by waiting 8 months to issue a default notice.

Gutted

My last payment to mbna was in April 2009, and the default date was in October 2009.
This was for Credit Card.
Many have tried and threatened , but lots of online help and advise has got me through.
I thought I was well and truley S.B by now

Note that the judgment referred to the DN and not the default date on the credit files, which has no bearing whatsoever on SBd.

I still don't think the DN should be the Cause of Action, however, there may be some logic in that when you consider that the CCA says a DN is required before the creditor is entitled to do anything:

87 Need for default notice.

(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—
(a) to terminate the agreement, or
(b) to demand earlier payment of any sum, or
(c) to recover possession of any goods or land, or
(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or
(e) to enforce any security.

The default on your credit file would have been recorded AFTER the DN was issued, so the issue date will be a bit earlier than October. :thumb:

However if Pra Group are bouyed by this latest Judement, I feel they may start a series of claims on accounts that are nearing S.B dates as displayed on credit files,and not the initial cause of action.

Nope, nothing to do with credit files. The confusion arises from the use of the word "default". A default notice is not the same as a default on your credit file, furthermore, many people keep making payments after a default has been entered, such as those who make token payments or enter into DMPs.

[FlamingParrot]

Re: Definitve answer needed on Statute Barred

So, I will put this out there.

1. What is the definitive answer to when the debt becomes S.B.

There isn't one, in fact, it's been the subject of much discussion. You may want to look at:

• http://www.legalbeagles.info/forums/...red#post400620 and
• http://www.legalbeagles.info/forums/...red#post399097

2. If I recieve a claim form, should I have first have had correspondonce from Pra.
3. Should they first send me warnings and or letter before action.

In principle, you should receive a letter before action or letter of claim before a claim is issued, in accordance with the pre-action conduct: https://www.justice.gov.uk/courts/pr...action_conduct

Where there is no relevant pre-action protocol, the parties should exchange correspondence and information to comply with the objectives in paragraph 3, bearing in mind that compliance should be proportionate. The steps will usually include—

(a) the claimant writing to the defendant with concise details of the claim. The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated;

The letter in question is usually written by a firm of solicitors rather than the creditors themselves and many people receive them but fail to reconise and/or respond to them. :ohwell:

4. If I s.a.r. them would that prevcent them from taking action, and allowing me the 40 days to get pass my default day as on credit file.

Sadly not, a SAR is a request under the Data Protection Act and does not stop them from issuing a claim, nor is non-compliance with one a defence to a claim.

Did the Judge get this horrible wrong?

All advice is appreciated.

Probably, but see above. :mmph:

[big.syd]

Re: Definitve answer needed on Statute Barred

Thank you for responding, I will read up the links as suggested.
I have always batted off dca with CCA requests. I have sar request complied with and have all the info from MBNA. I have filed all letters from MBNA and Dca, and I have always sent my letters with proof of delivery.
I have defective default notice and illegible agreement(cut and paste) with missing prescribed terms. However, it will be easer to have the Sb as complete defence.
The recent Judgement has got me rattled, as I have had a horrendous few years.
Having said that, I at least Know that help is here, and I am gratefull.

[Berniethebolt]

Re: Definitve answer needed on Statute Barred

I realise this is a bit old but as FP says it is a discussion that goes on and on with views ranging from date of last payment to date of default and everything in between. Personally I think we could do with some clarity on this matter because it will help a lot of people. If they decide on the date of DN I then think they will need to clarify how long after the last payment a DN should be issued. This is particularly relevant for current accounts

[FlamingParrot]

Re: Definitve answer needed on Statute Barred

I realise this is a bit old but as FP says it is a discussion that goes on and on with views ranging from date of last payment to date of default and everything in between. Personally I think we could do with some clarity on this matter because it will help a lot of people. If they decide on the date of DN I then think they will need to clarify how long after the last payment a DN should be issued. This is particularly relevant for current accounts

Only current accounts are not subject to s.87 of the CCA. :mmph:

Without set repayment dates, it's up to the bank to decide when to recall an overdraft and they may well think they are doing you a favour by letting you keep the current account live a little longer in case you decide to start using it again.

[Berniethebolt]

Re: Definitve answer needed on Statute Barred

Only current accounts are not subject to s.87 of the CCA. :mmph:

Without set repayment dates, it's up to the bank to decide when to recall an overdraft and they may well think they are doing you a favour by letting you keep the current account live a little longer in case you decide to start using it again.

Im having one of those days!!
Of course they aren't Doh

But should they send a DN prior to a formal demand for payment that will really give the lawyers a payday. Drinks on P.T.

At least some things are good for something:tinysmile_twink_t2: